| Calderon v Evergreen Owners, Inc. |
| Motion No: 2008-10909 |
| Slip Opinion No: 2009 NY Slip Op 83121(U) |
| Decided on September 16, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M91971
E/sl
HOWARD MILLER, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2008-10909 Maria Calderon, respondent, v Evergreen Owners, Inc., et al., appellants. (Index No. 16619/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County entered October 29, 2008, on the ground that the appeal lacks merit or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted the respondent's time to serve and file a brief is enlarged until October 16, 2009, and the respondent's brief must be served and filed on or before that date.
MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court